Pro se executors–unauthorized practice of law, or not?

Michael Hatfield (Associate Professor of Law, Texas Tech University School of Law) has published his article, Pro se Executors–Unauthorized Practice of Law, or Not?, in 59 Baylor L. Rev. 329 (2007).

Here is the conclusion:

Executors have the right to proceed pro se to probate a will and otherwise administer the estate. However, given the inherent uncertainties of estate administration and the executor’s fiduciary duties to the beneficiaries, it is likely unwise for most executors to do so. Nevertheless, the probate courts should consider how best to accommodate pro se executors in a way that maximizes judicial access without decreasing judicial efficiency. Since, by definition, Texas attorneys will not be advising pro se executors, we should consider advising our testator clients as to the risks and potential benefits of pro se probate and ensuring that the testator’s balancing of those risks and benefits is reflected in the will governing the executor.